Teacher charged with negligence in drowning of Toronto student
Charge comes year after teen dies on trip to Algonquin Park
A teacher with 20 years experience and special training in outdoor recreation has been charged with criminal negligence causing death in the drowning of a teenager on a school trip to Algonquin Park last year.
Jeremiah Perry slipped under the water while swimming in a lake with his classmates from C.W. Jefferys Collegiate Institute in the back country of Algon- quin Park in July 2017. The 15-year-old’s disappearance prompted a day of frantic rescue efforts and the evacuation of his classmates from the park. Perry’s body was found the next day.
In August, members of the OPP Criminal Investigation Branch began an investigation into the teen’s death. The investigation involved more than 100 interviews, one search warrant and four production orders, OPP Const. Catherine Yarmel said.
Nicholas Mills, 54, of Caledon will appear in Finch Ave. W. court on Sept. 11.
Mills is a teacher at C.W. Jefferys in North York, Yarmel confirmed, as well as the school’s co-ordinator of the REACH program for youth.
He was also the team leader assigned to Perry and responsible for the itinerary and supervision of the excursion.
Mills, who did not respond to requests for comment by deadline, has been a teacher in the province since 1998, according to the Ontario College of Teachers website, and is in good standing.
Ryan Bird, spokesperson for the Toronto District School Board, said Mills has been on home assignment since Perry’s death last year.
Bird said Mills will remain on home assignment until the end of the investigation, and that it’s “definitely a possible outcome” that Mills could be fired if he’s found guilty.
Now that charges have been laid, the TDSB will resume its internal investigation, which was suspended last August when the OPP took over, Bird said. He could not comment on whether the investigation had found any wrongdoing on Mill’s part so far.
“Now that the charge has been laid we can resume our investigation to determine just that,” he said.
Though its investigation is not complete, Bird said the board has “nevertheless still strengthened the checks and balances to make sure something like this can never happen again.”
School officials had said in August that Perry was among 15 students out of 32 on the trip who failed a required swim test. Two of the students didn’t take the test at all.
In a report released by the TDSB in May, safety measures for future excursions were explained in detail. Going forward any student who has failed his or her swim test won’t be allowed to participate in any activities involving water.
If students pass the first swim test, they will also need to pass a second test at the location of the trip in open water. It will be supervised by lifeguards and teachers. If students fail the second test, they are also banned from participating in any water-related activities during the excursion.
If both tests are successfully completed, the students will be allowed to swim and take part in activities on the water, but must wear a life-jacket at all times. The results of these tests will be given to the student, their parents or guardians and the principal.
Labour law expert Maurice Mazerolle, speaking generally, said the key question when it comes to cases of liability is figuring out if fault lies with one individual, an institution, or both. That means figuring out what role a person or institution played in making sure that “checks and balances a) were there, and b) were working.”
If a problem is with the system that would place liability on a school board, said Mazerolle, who is the director of the centre for Labour-Management Relations at the Ryerson’s Ted Rogers School of Management.
But if someone doesn’t follow approved protocol or there’s “something egregious,” then it would “cast a different light on it.”
Mills earned a bachelor of education at the University of Toronto’s Ontario Institute for Studies in Education (OISE) in 1998 and graduated from Lakehead University with a bachelor of outdoor recreation in 1992, according to the Ontario College of Teachers website.
According to public records, he declared bankruptcy in 2016, declaring $253,503 in liabilities and $13,803 in assets; and went through a messy divorce in 2008.
His Facebook page is full of photos of pine trees and lakes.
A profile on the website of the Sendokan Dojo, a Mississauga martial arts school he cofounded, describes him as “an avid outdoorsman” who “in his spare time enjoys extensive camping trips and time with his family.”